Hot Check Department

The Gillespie County Hot Check Department, part of the County Attorney's Office, prosecutes writers of hot checks from $0 to $2,499.99 and attempts to collect restitution for victims of hot check writers. Checks for less than $100 may be filed with the Justice of the Peace if we are unable to collect through other methods.

The County Attorney will handle all checks up to $2,499.99.

Checks below $100 or pursued as Issuance of a Bad Check will be prosecuted by our office in the Justice of the Peace Court.

Checks between $100 and $2,500 will be prosecuted by our office in the County Court at Law.

Checks $2,500 and over will need to be filed with the 216th District Attorney Office.

The Level of Offense and value ladder is listed below:

• Class C Misdemeanor: <$100
• Class B Misdemeanor: >=$100 < $750
• Class A Misdemeanor: >=$750 < $2,500
• State Jail Felony: >=$2,500 < $30,000
• Third Degree Felony: >=$30,000 < $150,000
• Second Degree Felony: >=$150,000 < $300,000
• First Degree Felony: >=$300,000

Obtain a Hot Check Affidavit from the County Attorney's Office

• Fill the form out completely and accurately
• The information must be legible
• The form must be notarized and can be mailed

The original check must accompany the affidavit

• Make a copy of the check for your records

The Gillespie County Attorney's Office will:

• Send the required Demand Letter for the merchant
• Make a reasonable effort to collect restitution and fees for the merchant by the use of letters, payment program, and/or court ordered probation
• Take affidavits of forgery from account holders
• File checks for criminal prosecution in the appropriate courts

As a merchant you need to:

• Print on the face of the check the Driver License and Date of Birth of the person writing the check - even if it is pre-printed on the check! Why?
• Print the initials of the clerk accepting the check on the face of the check.
• Deposit the check within 30 days of the date it is written.
• File with the Gillespie County Attorney's Office 60 days from the date the check was written.
• Do not accept any payments from the defendant if check has been brought to the County Attorney's Office for collection. No restitution is to be accepted after the check is filed with the Gillespie County Attorney's Office.
• Immediately notify the Gillespie County Attorney's Office in the case of a STOP PAYMENT check if the check writer returns the merchandise.
• Though it is not a requirement, we recommend that the merchant attempt to contact the check writer once before filing the check with us.

As a merchant, failure to comply with the above-listed requirements may result in the merchant not being able to participate in the County Attorney's Hot Check Program.

• Look to see if the check is dated today. Postdated checks should not be accepted.
• Can you read the signature? The checks should be signed in your presence. On business accounts the case must be filed against the person who signed the check, if you cannot read the name please ask for the person's name and print the name under the signature.
• Look to see if the address is complete. Only checks with a printed, permanent street and home or work phone numbers should be accepted.
• Can you confirm the person's identity? If the identification or photo looks suspicious, do not accept the check.
• Make sure the written amount and the numerical amount correspond.
• Record the following information:
  • Driver's license number even if it is pre-printed on the check!
  • Date of Birth
  • Initials of Clerk accepting check

Make a payment online (Use Jurisdiction Code 6411). 

• DPS – Identity Theft Information
• U.S. Postal Inspection Service
• Federal Trade Commission

Is it theft or issuance of a bad check?

Under Penal Code Section 31.03: Theft, a person commits an offense if he unlawfully appropriates property or secures performance of a service from the owner by deception. The key under the law is that the owner must give the merchandise at the time the check writer renders the check. Furthermore, inducing a provider of services to provide services by giving the provider a check which the issuer knows will be dishonored by the bank qualifies as deception. Again, the key under the law is that the owner must provide the service at the time the check writer renders the check.

• Starter (or temporary) check or low number check
• Temporary driver's license
• Department of Public Safety ID card (intended for senior citizens and handicapped)
• Expired driver's license
• Cannot produce driver's license
• Any non-matching information between the check, identification, and/or check writer
• Pre-signed checks; the identity of the person signing cannot be verified

Checks $2,500 and over:

• District Attorney
  • 216th Judicial District
  • Phone: 830-896-4744

"Forgery" or "Counterfeit" Checks:

• Fredericksburg Police Department or Gillespie County Sheriff's Office
  • Phone: 830-997-7585